Senate President Bukola Saraki: loses again

Ayorinde Oluokun/Abuja’

Justice Abdulkadir Abdu-Kafarati of Federal High Court has dismissed the fundamental rights suit filed by Senate President Bukola Saraki to stop his trial at the Code of Conduct Tribunal.

In a judgment that lasted under 40 minutes, Abdu-Kafarati   upheld the preliminary objection of Federal Government to the suit without considering the merit of the case.

The Judge also described the suit as an abuse of court process as the applicant had filed several cases at  different courts, including the Supreme Court and judgment delivered.

Justice Abdulkadir Kafarati said the fear by Saraki that he will not get justice at the CCT was speculative, misplaced and has no place in law.

He also ruled that it was too early for the Applicant  (Saraki) to have brought such issue of his fundamental rights to fair trial when the Tribunal has not concluded its findings on the falsification of assets charges brought against him.

According to Justice Kafarati, Saraki was erroneous to have raised the issue of fundamental rights to seek nullification of trial when his case did not fall within chapter 4 of 1999 Constitution and the African Charter on People and Persons Rights.

In the same vein, the Judge held that the court will not interfere with the statutory duties of the respondents in the case as doing so will amount to violation of the Constitution.

In his words, “A careful examination of the reliefs sought showed that if granted it will amount to interference with the powers of the respondents.

“The prayers are not captured under Chapter 4 of the Constitution.

“I cannot also do anything that will interfere with the powers of the respondents to prosecute crimes which the Constitution has given them the power to do.

“Since the apex court has ruled that the prosecution of the applicant before the Code of Conduct Tribunal is in order,  it is not appropriate for the respondents to approach this court to seek reliefs quashing the charges.”

Justice Kafarati also aligned with the defence counsel,  Jacobs(SAN), that the suit constituted a gross abuse of court process as the applicant had canvassed the same issue at the Code of Conduct Tribunal, Court of Appeal and even Supreme Court, where judgments were given against him.

“The suit is liable to be dismissed and it is accordingly dismissed,” the Judge ruled.

The judge was scheduled to deliver judgment at noon. But he  arrived  30 minutes earlier.

Lawyers from both parties announced their presence.

Bukola Saraki, filed the suit against the Chairman of Code of Conduct Tribunal, Mr. Danladi Umar and others involved in his ongoing trial on charges of false declaration of assets.

In the suit, Saraki argued that his trial before the CCT, as currently constituted was a violation of his right.

The Senate President said he could not get justice from the CCT Chairman who he claimed is currently being investigated by the Economic and Financial Crimes Commission, EFCC for alleged bribery.

He argued that since EFCC is also prosecuting him before Justice Umar, the CTC Chairman may find it difficult to do justice and act independently in his his  case.

“It is our argument in the suit that the Code of Conduct Tribunal cannot act independently the way it is currently constituted because we believe its Chairman, Danladi Umar, who is currently under investigation by the EFCC, cannot be independent in deciding a case being prosecuted before him by the EFCC.

“We have also contended that the EFCC, by admitting that the investigation of the case against our client was done by a special task force, as against the requirement by the provision in Schedule 3 of the Constitution, has usurped the exclusive duties of the Code of Conduct Bureau (CCB). It is on that basis we argued that our client cannot get justice under the current arrangement and asked the court to quash the charge,” said Ajibola Oluyede, lawyer to the Senate President.

In essence, Saraki is asking the High Court to disqualify Justice Umar from presiding over his trial at CCT and challenging the legality of the charges.

Many lawyers had argued that the High  court may be over reaching its powers if it grants the request since it has no supervisory role over the Tribunal.

Justice Kafarati was originally scheduled to deliver judgement in the case on 22 March after the parties have argued their briefs.